Sarovar Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 16785 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 5509 of 2022
                                               (SAROVAR YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-10-2023
                                  Shri Vikas Jyotishi - Advocate for appellant.

                                  Shri D.P. Patel - Deputy Government Advocate for respondent/State.

Heard o n I.A. No.22973/2023, this is second(repeat) application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Sarovar Yadav.

The appellant has been convicted vide judgment dated 19/05/2022 passed b y Third Additional Judge to the Court of First Additional Sessions Judge, Katni in S.T. No. 79/2020 for commission of offence punishable under Section 306 of IPC and sentenced to undergo RI for 5 years and to pay fine of Rs.2,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. There is short sentence of 5 years RI has been imposed on appellant, out of which he has

already completed half sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Deputy Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM

application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court appellant has already suffered more than two years and half months RI and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant Sarovar Yadav shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM